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HomeMy WebLinkAboutAGENDA 25 OCT 2007 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS – A (CLOSED SESSION ITEMS) Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 637-071-002 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Casey M. Lucas Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-074-013 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Alvin R. and Eva A. Woolworth Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior court, Case No. INC053903 b) ADDENDUM ITEM POSTED 9/25/07 5:00 p.m. / Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court, Case No. CIV 80790; DCA No. E023514 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Cindy Finerty VII. INVOCATION - Mayor Richard S. Kelly VIII. ORAL COMMUNICATIONS – B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Housing Authority Boards at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council, Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the city Council, Redevelopment Agency or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council, Redevelopment Agency, or Housing Authority meeting. Reports and documents relating to each of the following items listed on the agenda are on file in the Office of the City Clerk and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m. – 5:00 p.m., 73-510 Fred Waring Drive, Palm Desert, A 92260 (760) 346-0611. 2 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI-MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. Action: B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE-SEPTEMBER 2007. Action: X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of October 11, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 88, 89, 93, 94, 98, 99, and 100. Rec: Approve as presented. C. CITY'S/AGENCY COMPLIANCE ANALYSIS and Investment Reports for July 2007 and August 2007 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 3 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 1. Art in Public Places Commission Meeting of September 19, 2007. 2. Marketing Committee Meeting of September 18, 2007. 3. Parks & Recreation Commission Meeting of September 18, 2007. 4. Youth Committee Meeting of September 11, 2007. Rec: Receive and file. E. RESIGNATION of Kevin Francis from the Youth Committee Rec: Receive with very sincere regret. F. RESIGNATION of Christina Sun from the Youth Committee. Rec: Receive with very sincere regret. G. REQUEST FOR APPROVAL of a Reimbursement Agreement for construction of Median Island Landscape Improvements on Gerald Ford Drive Along the Frontage of University Centre Professional Park (Contract No. C27060). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with J.W. Design and Construction, Inc., San Luis Obispo, California, utilizing funds from Median Landscape Account No. 400-4614-433-4001. H. REQUEST FOR APPROVAL of a Professional Services Agreement for Ongoing Engineering Support for the Section 29 Assessment District (No. 2004-02) (Contract No. C27070). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with MSA Consulting, Inc., Rancho Mirage, California, in an amount not to exceed $48,000 - funds are available in the Project Account, No. 469-4350-433-4001. I. REQUEST FOR APPROVAL of the Second Amendment to the Joint Powers Agreement Creating the Coachella Valley Conservation Commission (CVCC) (Contract No. C24412). Rec: By Minute Motion, authorize the Mayor to execute the subject Second Amendment to the Joint Powers Agreement for the Coachella Valley Conservation Commission. 4 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 J. REQUEST FOR ACCEPTANCE OF WORK for the Palm Desert Civic Center North Carports Photovoltaic System (Contract No. C23290C1) (Carlson Solar, Inc., Hemet, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR AUTHORIZATION of the Ninth Annual "Turkey Trot" on El Paseo - November 22, 2007 (Thanksgiving Day). Rec: By Minute Motion, authorize: 1) The Desert Cities Track Club to stage their Ninth Annual "Turkey Trot" on Thursday, November 22, 2007 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. on El Paseo; 2) fee waiver for traffic control personnel in return for event sponsorship. XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 07-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NO. 07-51, "EXHIBIT A," SALARY SCHEDULE, SALARY RANGES, AND ALLOCATED CLASSIFICATIONS - SR. ENGINEER AND ASSOCIATE ENGINEER. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1145 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA BUILDING CODES AND RELATED MODEL CODES WITH SELECTED APPENDICES AND AMENDMENTS THERETO, AND MODIFYING SECTION 8.70.010 AND 8.70.40 RELATING TO PROPERTY MAINTENANCE. Rec: Waive further reading and pass to second reading. Action: 5 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 For Adoption: A. ORDINANCE NO. 144 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE, ADDING TO AND AMENDING SECTION 25.64, ALLOWING HELICOPTER FIELDS, HELIPORTS, AND HELISTOPS WITH A TEMPORARY USE PERMIT ONLY WITHIN COMMERCIAL, INDUSTRIAL, AND PUBLIC/INSTITUTIONAL ZONES IN THE CITY Case No. ZOA 07-02 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF PURCHASE ORDER WITH LEADERSHIP DEVELOPMENT ASSOCIATES, ORANGE, CALIFORNIA, FOR LEADERSHIP TRAINING FOR CITY STAFF. Rec: By Minute Motion, authorize the City Manager to enter into the subject purchase order with Leadership Development Associates, Orange, California, in the amount of $55,000 -- funds are available in the FY 2007/08 Human Resources Department Budget. Action: B. REQUEST FOR APPROVAL OF CONTRACT FOR THE INSTALLATION OF PROPRIETARY ENERGY SAVINGS MODULES ON EIGHT (8) HVAC UNITS AT THE DESERT WILLOW GOLF RESORT CLUBHOUSE (CONTRACT NO. C27080). Rec: By Minute Motion: 1) approve the subject contract with Smartcool Systems USA Inc. in the amount of $39,932 for the installation of proprietary Energy Savings Modules on the eight (8) HVAC units at the Desert Willow Clubhouse; 2) Approve a 10% contingency for the project in the amount of $3,993; 3) authorize the Director of finance to appropriate $43,925 for this project from Account No. 241-4195-495-8092 -- funds are available in the account, no additional appropriation is required. Action: 6 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 C. CONSIDERATION OF RECOMMENDATION FROM THE PALM DESERT PUBLIC SAFETY COMMISSION DEALING WITH NOISE DISTURBANCE AND ENTERTAINMENT ESTABLISHMENTS. Rec: Waive further reading and: 1) Adopt Urgency Ordinance No. 1146, amending Chapter 9.24 of the Palm Desert Municipal Code - Noise Control; 2) pass Ordinance No. 1147 to second reading, amending Chapter 9.24 of the Palm Desert Municipal Code - Noise Control; 3) adopt Urgency Ordinance No. 1148, adding Chapter 9.25 to the Palm Desert Municipal Code - Multiple Responses to Loud or Unruly Parties, Gatherings, or Other Similar Events; 4) pass Ordinance No. 1149 to second reading, adding Chapter 9.25 to the Palm Desert Municipal Code - Multiple Responses to Loud or Unruly Parties, Gatherings, or Other Similar Events; 5) pass Ordinance No. 1150 to second reading, approving Chapter 5.100 of the Palm Desert Municipal Code - Entertainment Permits. Action: D. REQUEST FOR APPROVAL OF FUNDS FOR SUPPLEMENTAL GENERAL FLEET REPAIRS FOR FISCAL YEAR 2007/08. Rec: By Minute Motion, approve the use of Hovley Tire, Palm Desert, California, for general fleet repair services that cannot be accomplished by the City's mechanic for the remainder of FY 2007/08 in an amount not to exceed $75,000 -- funds are available in the Auto Fleet Account No. 110-4331-413-3340. Action: XV. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ORDER TO ABATE A PUBLIC NUISANCE FOR PALM DESERT MOBILE ESTATES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND THE WHITEWATER STORM CHANNEL Case No. 07-369 (Mark Bessire/Palm Desert Mobile Estates, Appellant) (Continued from the meeting of October 11, 2007). Rec: By Minute Motion, uphold the Code Compliance Division's determination that Palm Desert Mobile Estates be require to remove a non-permitted recreational vehicle storage area and associated tent canopies, and/or obtain a Conditional Use permit and a business license form the City to operate the storage area. Action: 7 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 B. CONSIDERATION OF A REQUEST FOR FUNDING OF THE 2008 VIRGINIA WARING PIANO COMPETITION BLACK AND WHITE BALL (Continued from the meeting of October 11, 2007). Rec: By Minute Motion, concur with the Marketing Committee's recommendation to: 1) Approve sponsorship of $35,000 for the Virginia Waring Piano Competition Black and White Ball; 2) appropriate $35,000 from the Unobligated General Fund to Special Events, Account No. 110-4416-414-3061, for this purpose. Action: XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT FOR THE LANDSCAPING/SCREENING OF PALM DESERT MOBILE ESTATES (CONTRACT NO. C26960). Rec: By Minute Motion: 1) Direct staff to solicit competitive bids to install 12-foot high chain link fencing with screen cloth plus appropriate landscaping; 2) appropriate necessary funds for the project in an amount not to exceed $100,000; 3) submit application for a Conditional Use Permit for the subject chain link fencing; 4) authorize the City Manager to negotiate agreement for cost sharing of installation and maintenance of the fencing and landscaping between the City of Palm Desert, Coachella Valley Water District, Chaparral Homeowners Association, and Palm Desert Mobile Estates. Action: B. REQUEST FOR APPROVAL OF A CHANGE ORDER NO. 3 TO CONTRACT NO. C25570A - CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS FOR THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02). Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $97,496.60 to the subject contract with Skanska Civil USA West, Riverside, California, 2) authorize the transfer of said funds from contingency to base for the project; 3) authorize the Mayor to execute the Change Order. Action: 8 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 XVII. PUBLIC HEARINGS A. ANNUAL REPORT OF THE CALCULATION OF CALIFORNIA GOVERNMENT CODE SECTION 66006 - DEVELOPMENT IMPACT FEES FOR THE CITY OF PALM DESERT AS OF JUNE 30, 2007. Rec: By Minute Motion, continue the public hearing to the meeting of November 8, 2007. Action: B. REQUEST FOR APPROVAL OF THE REALLOCATION AND REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AWARDED TO THE ABC RECOVERY CENTER AND THE RIVERSIDE COUNTY LATINO COMMISSION. Rec: By Minute Motion, approve: 1) Reallocating CDBG Funds in the amount of $75,500 to alternative projects of the ABC Recovery Center and authorize staff to work with ABC to identify specific projects to be funded; 2) reprogramming CDBG Funds in the amount of $20,000 from the Riverside County Latino Commission to the City for future reprogramming to alternative organizations with qualifying projects. Action: C. REQUEST FOR ACCEPTANCE OF 2007/08 CAL COPS (SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING/SLESF) GRANT AWARD IN THE AMOUNT OF $100,000. Rec: By Minute Motion, accept the Cal COPS (Supplemental Law Enforcement Services Funding/SLESF) Grant Award of $100,000 to be used to cover the cost for the 2007 Holiday Theft Suppression Program, the purchase of one Honda Police Motorcycle and ancillary equipment to replace an aging BMW Police Motorcycle, and the acquisition of necessary equipment to support front-line law enforcement services. Action: 9 POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2007 XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Amending the City's Travel Policy. B. CITY ATTORNEY C. CITY CLERK D. PUBLIC SAFETY o Fire Department o Police Department E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT FUTURE MEETINGS: October 30, 2007 10:00 a.m. Historic Preservation committee Administrative Conference Room November 5, 2007 6:00 p.m. Youth Committee Administrative Conference Room November 6, 2007 8:30 a.m. Parks & Recreation Commission Administrative Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber November 8, 2007 3:00 p.m. Regular city Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board th not less than 72 hours prior to the meeting. Dated this 19 day of October, 2007 Rachelle D. Klassen, City Clerk 10